Request for Information (RFI)
What is the purpose of Rule 20 of the Family Law Rules?
Rule 20 is a tool that facilitates fair and effective litigation by ensuring that the parties have access to the information that they need to present their case.
Rule 20 provides the procedure for requesting information from the other party in a family law case. It allows a party to request specific information, including documents, from another party through a “Request for Information” form (Form 20). This process is distinct from, but can be used in conjunction with, other disclosure obligations.
Which sections allow a party to request information?
Under Rule 20(4), a party is entitled to obtain information only with the consent of the party or an order of the court.
Under Rule 20(5), the court may make an order that a person be questioned under oath or disclose information by affidavit if:
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- it would be unfair to the party who wants the questioning or disclosure to carry on with the case without it,
- the information is not easily available by another method, and
- the questioning or disclosure will not cause unacceptable delay or undue expense.
- The court may make an order that a person be questioned or disclose details about information in an affidavit or a net family property statement.
How does this rule differ from Rule 13?
While Rule 13 outlines general financial disclosure obligations, Rule 20 provides a mechanism for requesting additional information relevant to the case.
Form 20:
What is the procedure for doing a request for information (RFI)?
The procedure to follow to do a RFI is as follows:
- The party prepares a Form 20 clearly outlining the information and the documents to be provided and the deadline for disclosure.
- The party serves the opposing party.
- If the opposing party fails to respond or does not provide sufficient information, the requesting party can bring a motion requesting disclosure.
- The court will consider the relevance and necessity of the information requested and the principle of proportionality to decide whether or not disclosure should be ordered.
What does it mean the court considers proportionality?
The court considers proportionality to ensure that the disclosure requested is relevant, necessary, and not unduly burdensome.
What happens if you do not comply with a RFI?
Failure to comply with a properly served RFI can lead to
- further court action, such as a motion for an order compelling disclosure or
- a summons to be questioned about the information.
What can a court do in a motion for disclosure?
The court can:
- Make a court order for the disclosure requested
- Limit the scope of disclosure you have requested